Delhi HC restrains misuse of Anil Kapoor's name, image, voice, and ‘jhakaas’.
Anil Kapoor’s counsel pointed to the unauthorized sale of merchandise and selling pictures with forged autographs and the jhakaas catchphrase
Anil Kapoor (born 24 December 1956) is an Indian actor and producer who works primarily in Hindi films, besides television and international films. In a career spanning over 40 years as an actor and since 2005 as a producer, Kapoor has appeared in more than 100 films. Recognized for multiple iconic, popular and cult films, he has received several accolades, including two National Film Awards and seven Filmfare Awards.
Kapoor's first role in an international film was in Danny Boyle's Academy Award-winning film Slumdog Millionaire, for which he shared the Screen Actors Guild Award for Outstanding Performance by a Cast in a Motion Picture. His performance in the eighth season of the action series generated rave reviews from the American press. Globally, Kapoor is one of the most recognized Indian film actors.
In 1984, Kapoor married Sunita Bhavnani, a costume designer with whom he has two daughters and a son. Their elder daughter Sonam Kapoor (born 1985) is an actress and their younger daughter Rhea Kapoor (born 1987) is a film producer and their son Harshvardhan Kapoor (born 1990) is also an actor. Anil Kapoor is referred to as ‘AK’ by his children.
Delhi High Court on Wednesday restrained the misuse of the name, image, voice and other attributes of his persona, including the jhakaas catchphrase, of actor Anil Kapoor for commercial gain.
Justice Prathiba M Singh passed an ex-parte interim order against several websites and platforms in a lawsuit by the actor, alleging unauthorized exploitation of his personality and celebrity rights for commercial use.
Advocate Pravin Anand, appearing for Kapoor, said several websites and platforms have been misusing the personal rights of the plaintiff through various activities.
Kapoor’s counsel pointed to the unauthorized sale of merchandise, collection of fees by using his photograph as a motivational speaker, morphing his image in a derogatory manner, and selling pictures with forged autographs and the “jhakaas” catchphrase, among others.
The lawsuit sought to protect Kapoor’s personal rights with respect to his name, voice, image, likeness, manner of speaking and gestures, among others.
Justice Singh observed that while there can be no doubt that free speech is protected, the same would be illegal when it “crosses the line” and results in tarnishing and jeopardizing individual personal rights.
Using the plaintiff’s name, voice, dialogue, image in an illegal manner, that too, for commercial purposes, cannot be permitted. The court cannot turn a blind eye to such misuse of personality, Justice Singh said.
“Defendants 1 to 16 are restrained from using … in any manner the plaintiff Anil Kapoor’s name, likeness, voice or any other attributes of his personality … for monetary gain or otherwise,” the court ordered.
It also restrained other unknown persons from disseminating the offending links. The court directed the authorities concerned to block the offending platforms.
The court said “fame for a person comes with disadvantages” and “this case shows that reputation and fame can transcend into damage”.
Such misuse can damage a celebrity’s right to endorsement, it added
You must be logged in to post a comment.